Terms and conditions E-Volt Isolatietechniek B.V.

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

  • Buyer: the natural person or legal entity who has entered into an agreement (for purchase and/or installation) or to whom an offer has been made for insulation work.
  • Additional and reduced work: additions to or reductions of the agreed insulation work requested by the Buyer, resulting in an increase or decrease in the agreed price respectively.
  • Options: additional products and/or services as agreed in the quotation or, if applicable, in connection with the insulation work.
  • E-Volt Isolatietechniek B.V.: the private limited company E-Volt Isolatietechniek B.V., registered with the Chamber of Commerce under number 92271588, operating under the trade name “De Vries Isolatietechniek”. E-Volt Isolatietechniek B.V. sells, installs, maintains, and repairs insulation works. For the execution of the agreement, it may engage third parties (subcontractors) and third-party suppliers.
  • Insulation work: the entirety of the work agreed between the Buyer and E-Volt Isolatietechniek B.V., including the materials to be supplied.

Article 2 – Applicability (Scope)

These General Terms and Conditions apply to all quotations issued by E-Volt Isolatietechniek B.V. and to every agreement between the Buyer and E-Volt Isolatietechniek B.V. relating to insulation work. Deviating terms or conditions of the Buyer are expressly rejected unless agreed otherwise in writing. In case of conflict between provisions in the quotation or written agreement and these General Terms and Conditions, the provisions in the quotation or agreement shall prevail.

Article 3 – Offer and Quotation

3.1 Quotations are issued in writing or electronically (e.g., via email) and include a date. Unless stated otherwise, a quotation is valid for 30 days after the quotation date.

3.2 The offer includes a clear description of the work and materials to be supplied, sufficiently detailed for the Buyer to properly assess it. Any drawings, designs, technical descriptions, or calculations remain the property of E-Volt Isolatietechniek B.V. and may not be shared or copied without written permission. If no agreement is concluded, the Buyer must return these documents upon first request.

3.3 Quotations are prepared based on an indicative assessment of the on-site situation. If the Buyer wishes a quotation based on an endoscopic (internal) inspection (for example of the cavity wall), a separate assignment must be provided. Additional costs may apply and will always be stated separately in the quotation and/or order confirmation. Without endoscopy, the quotation is indicative and based on the information available at that time.

3.4 Unless stated otherwise, prices are based on:

  • cost prices of materials, wages, social charges, taxes and other costs as applicable on the quotation date;
  • delivery of materials ex warehouse or storage of E-Volt Isolatietechniek B.V.;
  • execution of the work at a price including VAT (all amounts include VAT and any other levies);
  • standard execution of insulation work without special requirements or obstacles;
  • for cavity wall insulation: a cavity width of up to 6 cm unless stated otherwise;
  • use of standard climbing equipment (ladder). If special access equipment is required (such as scaffolding, lifts, or making roofs walkable), this must be arranged by the Buyer or will be charged additionally unless agreed otherwise.

3.5 Delivery times and execution dates are indicative and not binding deadlines. Delays do not entitle the Buyer to terminate the agreement or claim damages unless the delay becomes unreasonable.

3.6 Oral commitments are only binding if confirmed in writing. Each quotation includes or refers to these General Terms and Conditions.

Article 4 – Formation of the Agreement and Cancellation

4.1 The agreement is concluded at the moment the Buyer explicitly accepts the offer of E-Volt Isolatietechniek B.V. Acceptance should preferably take place in writing (including by email) or electronically (for example via digital signature or confirmation). In the case of electronic acceptance, E-Volt Isolatietechniek B.V. will confirm receipt of the acceptance.

4.2 E-Volt Isolatietechniek B.V. is entitled, before commencing the execution of the agreement, to assess the creditworthiness of the Buyer. Every agreement is entered into subject to the suspensive condition that the Buyer proves sufficiently creditworthy for the financial performance. E-Volt Isolatietechniek B.V. may request advance payment or security (for example a guarantee or bank guarantee) if there are reasonable grounds. If the Buyer refuses to provide the requested advance payment or security, E-Volt Isolatietechniek B.V. has the right to suspend execution of the insulation work.

4.3 Right of withdrawal (consumers):
Consumers have the right to cancel within 14 days if the agreement was concluded remotely or outside business premises.

  • If work starts within this period, the Buyer must explicitly agree and waive the withdrawal right upon completion.
  • If cancellation occurs after partial execution, proportional costs apply.
  • Payments will be refunded within 14 days minus any applicable costs.

4.4 Cancellation outside the withdrawal period:

  • After 14 working days: 10% of the contract price.
  • Within 2 working days before execution: 50%.
  • If work has started: Article 8 applies.

4.5 Any advance payments will be refunded within 14 days minus applicable costs.

Article 5 – Obligations of E-Volt Isolatietechniek B.V.

5.1 E-Volt will carry out the insulation work properly and in accordance with the agreement. Work is performed during regular working days and hours unless otherwise agreed. Applicable quality standards or certifications will be observed.

5.2 E-Volt will comply with all applicable laws and safety regulations. If permits are required, the Buyer will be informed in time.

5.3 E-Volt must warn the Buyer of any inaccuracies in information or instructions provided, including:

  • incorrect constructions or material choices;
  • visible defects in the building;
  • unsuitable materials provided by the Buyer;
  • incorrect information relevant to execution.

5.4 If circumstances differ from the quotation (e.g. hidden defects), E-Volt will consult the Buyer about adjustments or additional work.

5.5 E-Volt is liable for direct damage caused by attributable shortcomings, subject to Article 7.

Article 6 – Obligations of the Buyer

6.1. he Buyer shall give E-Volt Isolatietechniek B.V. the opportunity in a timely manner to carry out the insulation work. The Buyer must ensure that E-Volt Isolatietechniek B.V. can perform the work properly, safely, and without delay. This shall in any case include that the Buyer fulfills the following obligations:

  • Access and worksite environment: The Buyer shall provide unobstructed and safe access to the building/site where the insulation work is to be carried out. Prior to the commencement of the work, the Buyer must remove all obstacles within 3 meters around the façade(s) where insulation will be applied (for example garden furniture, plant pots, vehicles). Any objects attached to or within the property that are loose or may fall must be properly secured. The Buyer must also ensure that non-walkable roofs or coverings that obstruct access to the worksite are made accessible in time (for example by placing walking boards or scaffolding), unless otherwise agreed.
  • Permits and approvals: The Buyer is responsible for timely applying for any required permits, exemptions, approvals, or notifications to municipal authorities necessary for the execution of the insulation work. Any associated fees or costs shall be borne by the Buyer. E-Volt Isolatietechniek B.V. will inform the Buyer within its field of expertise if specific approvals are required.
  • Protection of property: The Buyer must ensure that goods and objects in the vicinity of the worksite that must not be contaminated or damaged are removed in advance or adequately covered/protected. This applies both inside and outside the property (for example furniture, electronics, delicate flooring, plants near the façade). The Buyer shall supervise this and indemnify E-Volt Isolatietechniek B.V. against claims from third parties for contamination or damage to such goods if the Buyer has not (adequately) protected them.
  • Preparation of structural aspects: The Buyer must make all areas where work is to be carried out suitable in time. This includes, among other things: properly sealing open joints and gaps (both inside and outside the façade) where insulation is not desired, removing interior finishes if necessary, and securing or removing obstacles on the interior side of walls to be insulated.
  • Provision of information on utility routing: Prior to the start of the work, the Buyer must provide E-Volt Isolatietechniek B.V. with all relevant information about the property necessary for proper execution. In particular, where available, the Buyer must provide detailed drawings or documentation of the routing of electrical wiring, gas and water pipes in the walls or floors to be insulated. If such documentation is not available, any drilling or demolition work shall be at the Buyer’s risk; E-Volt Isolatietechniek B.V. will exercise due care, but damage to unknown utilities cannot easily be attributed to E-Volt Isolatietechniek B.V. in such cases.
  • Emergency provisions: The Buyer shall ensure that adequate provisions are in place to immediately shut off gas, water, and electricity in the property in case of emergency. The Buyer shall inform E-Volt Isolatietechniek B.V. of the location and operation of these emergency shut-offs.

6.2. The Buyer shall ensure that any work or deliveries to the property carried out by third parties (not engaged by E-Volt Isolatietechniek B.V.) are performed in such a way and in such a timely manner that the execution of the insulation work by E-Volt Isolatietechniek B.V. is not delayed. Third-party work that overlaps (for example other contractors, installers, painters) must be coordinated among themselves. If delay nevertheless threatens or arises due to such third parties, the Buyer shall immediately inform E-Volt Isolatietechniek B.V.

6.3. If the commencement or progress of the insulation work is delayed due to circumstances for which the Buyer is responsible (for example because the worksite is not ready in time, obligations under 6.1 have not been fulfilled, or due to uncoordinated third-party work), the Buyer shall be obliged to compensate E-Volt Isolatietechniek B.V. for the resulting damage and costs, insofar as these can be attributed to the Buyer. This may include, for example, labor costs for idle personnel, call-out costs, or costs for rescheduling the work.

6.4. The Buyer bears the risk for damage caused by:

  • inaccuracies in the assignment or in the methods or constructions prescribed by the Buyer (for example if the Buyer insists on a technically incorrect solution against the advice of E-Volt Isolatietechniek B.V.);
  • defects or irregularities in the (structural) construction of the immovable property in which the insulation work is carried out, insofar as these were not apparent to E-Volt Isolatietechniek B.V. (for example hidden defects in walls or floors);
  • defects in materials or tools provided by the Buyer;
  • inaccuracies or incompleteness in the information provided by or on behalf of the Buyer.

6.5. If during execution it appears that there are circumstances or causes that prevent the insulation work from being carried out normally and without interruption, and these circumstances are not attributable to E-Volt Isolatietechniek B.V., the parties shall consult on a solution. If these circumstances can be attributed to the Buyer (see 6.3 and 6.4), any additional costs or damage resulting from the delay shall be borne by the Buyer.

6.6. The foregoing provisions of this article are intended to ensure safe and efficient execution. If the Buyer is a consumer, their statutory rights as a consumer remain unaffected. However, the consumer Buyer is also expected to reasonably cooperate with the preparations and safety measures described in this article.

Article 7 – Liability (limitation and exclusions)

7.1. For direct damage suffered by the Buyer as a result of an attributable failure (breach of contract) or unlawful act of E-Volt Isolatietechniek B.V., E-Volt Isolatietechniek B.V. shall be liable up to a maximum of the amount of the invoice (quotation amount) of the relevant insulation work to which the damage relates. By way of deviation from the foregoing, in the case of consumer purchases (if applicable), no limitation of liability shall apply that goes beyond what is legally permitted pursuant to Article 7:24 paragraph 2 of the Dutch Civil Code. E-Volt Isolatietechniek B.V. shall not be liable for indirect damage (consequential damage), including but not limited to: loss of profit, loss of revenue, business interruption costs, lost savings, claims from third parties against the Buyer, or any other consequential damage.

7.2. E-Volt Isolatietechniek B.V. shall not be liable for damage that cannot be attributed to it. In particular, it shall not be liable for damage arising as a result of extreme weather conditions (for example frost damage to pipes), contamination or blockage of internal piping, leaks or malfunctions in gas, water or electricity networks not caused by it. Furthermore, liability is excluded for damage caused by structural defects or existing construction deficiencies of the property to be insulated (for example: incorrectly installed or missing ventilation, open joints or gaps in the construction, flue ducts with an open connection to the cavity, etc.).

7.3. E-Volt Isolatietechniek B.V. shall not accept liability for moisture penetration or other moisture-related problems after cavity wall insulation if the cause lies in existing contamination, construction defects, or obstructions in the cavity wall (such as mortar residues, debris, pipes, or nests) that were not installed by it.

If an endoscopic inspection has been carried out in advance, such inspection shall be considered as sample-based and indicative. E-Volt Isolatietechniek B.V. cannot guarantee the absence of obstructions in non-visible or inaccessible parts of the cavity. Liability shall only arise if there is an obstruction that could reasonably have been observed and should have been identified through careful inspection.

7.4. If E-Volt Isolatietechniek B.V. is liable for damage, the Buyer is obliged to always first give E-Volt Isolatietechniek B.V. the opportunity to remedy the damage or defect within a reasonable period at its own expense, before the Buyer takes any replacement measures or claims compensation. Only if E-Volt Isolatietechniek B.V., after written notice of default, fails to remedy the defect within a reasonable period, may the Buyer claim further remedies such as termination or replacement repair by third parties at the expense of E-Volt.

7.5. E-Volt Isolatietechniek B.V. shall not be liable for damage proven to be the result of intent or gross negligence on the part of the Buyer (for example deliberately withholding information about the presence of asbestos or hazardous situations, or improper use of the insulated part by the Buyer).

7.6. If E-Volt Isolatietechniek B.V. uses materials or components from third parties (suppliers) or outsources work to third parties (subcontractors), any damage caused by those materials or subcontractors shall only be recoverable from E-Volt Isolatietechniek B.V. to the extent that E-Volt Isolatietechniek B.V. itself receives compensation from the relevant supplier or subcontractor. In such case, E-Volt Isolatietechniek B.V. shall pay to the Buyer the amount received (after deduction of its own costs) as full and final compensation.

7.7. The Buyer shall indemnify E-Volt Isolatietechniek B.V. against all claims from third parties (for example neighbors or other parties) for damage arising from or related to the execution of the insulation work, insofar as such damage is not the result of intent or gross negligence on the part of E-Volt Isolatietechniek B.V. This indemnity means that if a third party holds E-Volt Isolatietechniek B.V. liable, the Buyer shall compensate all associated costs, damages, and interest.

7.8. The exclusions and limitations of liability set out in this article shall apply to the extent permitted by law. Nothing in these terms shall limit the liability of E-Volt Isolatietechniek B.V. for death or personal injury caused by its negligence, or for any other liability that cannot be excluded or limited under mandatory law.

Article 8 – Termination of the Work in an Incomplete State

8.1. The Buyer has the right to terminate the execution of the insulation work at any time, in whole or in part, even if there is no failure on the part of E-Volt Isolatietechniek B.V. (in accordance with Article 7:764 of the Dutch Civil Code regarding contracts for work). If the Buyer exercises this right, the situation shall be settled as completion in an incomplete state as described below.

8.2. In the event of termination in an incomplete state, the parties shall record the actual condition of the work at the time of cessation. This may be done, for example, by means of a joint inspection, photographs, and a written report of the work carried out up to that point. Both parties shall sign this report for approval, so that it is clear afterwards which part of the work has and has not been performed.

8.3. Following such premature termination, E-Volt Isolatietechniek B.V. shall be obliged, within reasonable limits, to take measures to prevent further damage to the work and to limit damage for both parties. For example: temporarily sealing open drill holes, securing materials, etc. The Buyer shall be obliged to reimburse the reasonable costs of such measures.

8.4.

In the case of completion in an incomplete state, E-Volt Isolatietechniek B.V. shall provide the Buyer with a final account. In that case, the Buyer shall be obliged to compensate E-Volt Isolatietechniek B.V. as follows:

  • the contract sum (agreed price) for the work, pro rata for the part of the work already performed; plus
  • all costs already incurred by E-Volt Isolatietechniek B.V. or that must reasonably still be incurred in connection with the termination (for example demobilization costs, removal of materials, already ordered but unused materials, cancellation of scheduled capacity); plus
  • reasonable compensation for lost profit on the part of the work not performed (the profit that E-Volt Isolatietechniek B.V. would have earned if the work had been fully completed). This compensation is set at 20% of the price of the unperformed part of the work, unless E-Volt Isolatietechniek B.V. can demonstrate that its actual lost profit is higher.

8.5. If no fixed contract sum was agreed when the agreement was concluded (for example in the case of work on a cost-plus basis), the Buyer shall, upon termination, compensate all labor hours spent and materials supplied by E-Volt Isolatietechniek B.V. up to the moment of termination in accordance with the agreed hourly rates and material costs. To this shall be added the reasonable costs and lost profit as referred to in paragraph 8.4 (where lost profit may be determined, for example, on the basis of the profit margins normally applied by E-Volt Isolatietechniek B.V.).

8.6. After settlement of the final account as referred to above, any materials already paid for but not yet used shall transfer in ownership to the Buyer, provided that the Buyer has paid for them. At the Buyer’s request, E-Volt Isolatietechniek B.V. shall leave such materials behind in an orderly manner.

8.7. Termination in an incomplete state shall not affect the Buyer’s other rights in the event of an attributable failure on the part of E-Volt Isolatietechniek B.V. (i.e. if the Buyer terminates due to a fault of E-Volt, the Buyer may, in addition to the above arrangement, also claim compensation for additional costs incurred elsewhere; see Article 7 and 8.8).

8.8. If the Buyer terminates the work due to a serious failure on the part of or in the execution by E-Volt Isolatietechniek B.V., and the Buyer is thereby compelled to have the remaining work carried out or completed by a third party, the Buyer – provided that the agreement has first been validly terminated due to that failure – shall be entitled to reimbursement of the reasonably necessary additional costs for such substitute performance. In that case, the Buyer shall be entitled to set off these costs against any amounts still owed to E-Volt Isolatietechniek B.V.

Article 9 – Additional and Reduced Work

9.1. During the execution of the insulation work, the Buyer has the right to request additional work (extra work) or reduced work (the omission of agreed work). E-Volt Isolatietechniek B.V. shall comply with such a request as much as possible, provided that it is technically and practically feasible in terms of planning, and that the parties reach agreement on the financial consequences and any extension of the execution period.

9.2. Additional or reduced work should preferably be agreed in writing (for example in a supplementary quotation, work order, or email) before the relevant extra or reduced work is carried out. The documentation of additional/reduced work shall describe which additions or omissions compared to the original agreement have been agreed and what the new price(s) are. Both parties shall confirm their agreement (for example by signature or email confirmation).

9.3.

Financial settlement of additional and reduced work:

  • Additional work shall be charged based on the agreed price in the additional work quotation or – in the absence thereof – on the basis of calculation of actual costs incurred plus a reasonable profit margin.
  • In the case of reduced work, E-Volt Isolatietechniek B.V. shall deduct the non-performed work from the contract sum. However, E-Volt Isolatietechniek B.V. shall be entitled to reasonable compensation for loss of profit and costs incurred as a result of the reduced work. This compensation shall amount to a maximum of 20% of the reduced amount (the value of the omitted work), depending on the scope and timing of the reduction. Account shall be taken of costs already incurred by E-Volt for preparatory work that is now cancelled.
  • Any change in the total project duration as a result of additional or reduced work shall be agreed between the parties. An extension of the completion date resulting from agreed additional work shall not be considered a delay within the meaning of Article 5.1.

9.4. If the parties do not reach agreement on the financial settlement of the requested additional or reduced work, the original work shall apply without the proposed modification, unless the requested additional/reduced work must nevertheless be carried out for safety reasons or by order of a competent authority (such as a building inspector). In the latter case, a reasonable price shall be charged in accordance with the customary rates of E-Volt Isolatietechniek B.V.

9.5. Cancellation of the entire work by the Buyer does not fall under reduced work but shall be considered termination/cancellation of the agreement. In such a case, the cancellation provisions of Article 4.4 and the arrangement of Article 8 shall apply.

Artikel 10 – Unforeseen Circumstances During Execution

10.1. If unforeseen circumstances arise during the execution of the insulation work that significantly affect the performance of the work, E-Volt Isolatietechniek B.V. shall notify the Buyer as soon as possible. Unforeseen circumstances are understood to mean situations that were not included in the agreement and for which neither party can be held responsible, such as the discovery of unforeseen structural problems, hazardous substances (e.g. asbestos), or unexpected obstacles.

10.2. The parties shall jointly discuss how to proceed in the event of unforeseen circumstances. If the unforeseen circumstance requires immediate action to prevent damage or danger, E-Volt Isolatietechniek B.V. shall be entitled to temporarily suspend the work and – where reasonable – to take necessary measures immediately. E-Volt Isolatietechniek B.V. shall inform the Buyer as soon as possible and, where possible, request the Buyer’s consent before proceeding with additional work or costs.

10.3. Any additional costs that are the direct result of an unforeseen circumstance requiring immediate action and that are reasonably necessary to limit damage shall be reimbursed by the Buyer to E-Volt Isolatietechniek B.V., provided that such circumstance is not attributable to E-Volt Isolatietechniek B.V. E-Volt Isolatietechniek B.V. shall limit and specify such costs as much as possible.

10.4. If the unforeseen circumstance is not urgent but does affect the agreed work (for example additional work is required or there is a delay in planning), the parties shall consult on an adjusted execution of the work. Any additional or reduced work resulting from this shall be handled in accordance with Article 9. If continuation of the work becomes impossible or unreasonably burdensome due to the unforeseen situation, the parties may, by mutual agreement, decide to terminate the agreement, with settlement as referred to in Article 8.

Article 11 – Force Majeure

11.1. Force majeure on the part of either party shall exist if the performance of the agreement is wholly or partially, temporarily or permanently prevented by a circumstance that is reasonably beyond the control and sphere of influence of that party. Force majeure shall in any event include: natural disasters, extreme weather conditions (such as prolonged severe frost preventing insulation work), war, riots, terrorism, mobilization, fire, flooding, earthquakes, pandemics or epidemics, general strikes, blockades, government measures that make performance impossible, unexpected transport disruptions, and general shortages of raw materials or supplies.

11.2. If a party is temporarily unable to fulfill its obligations due to force majeure, those obligations shall be suspended for the duration of the force majeure situation. Both parties shall inform each other as soon as possible of any (impending) force majeure situation. In the event of force majeure, E-Volt Isolatietechniek B.V. shall consult with the Buyer, for example regarding a new execution date if possible.

11.3. If the force majeure situation lasts longer than 2 months, both parties shall have the right to terminate the agreement in writing, for the part not yet performed, without any obligation to pay damages. Any performance already carried out shall in that case be paid proportionally by the Buyer.

11.4. Insofar as E-Volt Isolatietechniek B.V. has already partially fulfilled its obligations under the agreement at the time the force majeure situation occurs, or is still able to fulfill them, and independent value can be attributed to the part performed or to be performed, E-Volt Isolatietechniek B.V. shall be entitled to invoice the part already performed separately. The Buyer shall be obliged to pay this invoice as if it concerned a separate agreement.

11.5. Force majeure on the part of the Buyer (for example due to a personal emergency) shall not affect the Buyer’s statutory rights as a consumer, but shall not automatically release the Buyer from payment obligations for work already performed. In such a case, the parties shall consult in order to reach a reasonable solution (such as postponement of execution or payment).

Article 12 – Completion of the Work

12.1. The insulation work shall be deemed completed at the moment E-Volt Isolatietechniek B.V. has informed the Buyer that the work has been completed and the Buyer has accepted the work. Completion and acceptance shall preferably take place by means of a joint completion inspection, after which a completion report or work order is signed by the Buyer for approval (noting any outstanding items or remarks).

12.2. After notification of completion, the Buyer shall inspect as soon as possible whether the work has been carried out in accordance with the agreement. Any visible defects or imperfections identified by the Buyer at completion must be recorded in the completion report. By signing the completion document, the Buyer in principle declares acceptance of the work, subject to the defects/outstanding items recorded therein.

12.3. If the Buyer does not notify in writing within 7 days after E-Volt Isolatietechniek B.V. has informed the Buyer in writing that the work has been completed that the work is rejected, or if the Buyer puts the insulated part into use, the work shall be deemed completed. Use of (part of) the executed work shall constitute acceptance thereof, unless such use takes place only for compelling reasons and such conclusion would be unreasonable.

12.4. Minor defects or deviations that do not materially affect the functionality, quality, or durability of the insulation work performed (for example a slight color difference of a sealed drill hole, or a small spillage of insulation material that can easily be cleaned) shall not constitute grounds for withholding acceptance of completion. Such minor defects shall be remedied by E-Volt Isolatietechniek B.V. as soon as possible, where applicable.

12.5. If a fixed completion date has been expressly guaranteed in the agreement and E-Volt Isolatietechniek B.V. exceeds that date, then, unless there is force majeure, E-Volt Isolatietechniek B.V. shall be liable for the direct damage suffered by the Buyer as a result, subject to the limitations set out in Article 7. However, the Buyer must first give E-Volt Isolatietechniek B.V. written notice of default and grant a reasonable period to still complete the work before any right to compensation arises. In the case of exceeding an estimated (indicative) completion date, such exceedance shall not be deemed an attributable failure, unless it is unreasonably long and without timely notification as referred to in Article 3.5.

12.6. If the Buyer is dissatisfied with (the quality of) the completed insulation work or otherwise has complaints about the services of E-Volt Isolatietechniek B.V., the Buyer must report such complaints in accordance with the complaints procedure of E-Volt Isolatietechniek B.V. (for example by completing the complaint form on the website or by email). E-Volt Isolatietechniek B.V. shall then process the complaint and, where possible, seek a solution in consultation with the Buyer. The submission of a complaint shall only suspend the Buyer’s payment obligation to the extent permitted under Article 17 (Suspension of Payment).

Article 13 – Warranty

13.1. General – applicability: E-Volt Isolatietechniek B.V. warrants that the insulation work carried out by it meets the requirements of proper and sound workmanship. This warranty applies both to the materials supplied by E-Volt and their installation. The warranty conditions described herein apply to insulation work and products supplied within the Netherlands. If the products or services supplied are used or applied by the Buyer outside the Netherlands, the Buyer is responsible for determining whether the product and installation comply with the applicable requirements in that location and are suitable for use under those circumstances. In such cases, E-Volt Isolatietechniek B.V. may impose additional conditions or limitations on the warranty (for example, transport of materials for warranty repairs only within the Netherlands).

13.2. Warranty period: The standard warranty period for insulation work carried out by E-Volt Isolatietechniek B.V. is 15 years after completion/delivery of the work, unless a different warranty period has been agreed in writing or the nature of the delivered goods (for example a specific insulation material) implies otherwise. This warranty period applies without prejudice to the statutory rights of consumers, including the right to a conforming product/service.

13.3. If the warranty (in part) relates to a product manufactured by a third party, the warranty of E-Volt Isolatietechniek B.V. shall be limited to the warranty provided by the original manufacturer, unless expressly stated otherwise. In such case, E-Volt Isolatietechniek B.V. shall inform the Buyer of the content of the manufacturer’s warranty and – if applicable – provide the Buyer with the manufacturer’s warranty certificate.

13.4. The warranty relates to the essential functionality, quality, and durability of the insulation work performed. Minor defects or aesthetic imperfections that do not affect usability or performance are not covered by the warranty. Examples include slight discoloration of applied materials over time, hairline cracks in finishing materials that do not affect insulation performance, etc. Such deviations will, where possible, be neatly remedied by E-Volt Isolatietechniek B.V. if reported, but do not entitle the Buyer to free repair under the warranty.

13.5. Exclusions from warranty: The following situations or types of damage are not covered by the warranty:

  1. Damage caused by insufficient ventilation in the insulated space or failure to follow ventilation recommendations. For example: condensation or mold problems because ventilation grilles have been closed or are absent after insulation.
  2. Damage not resulting from material or installation defects by E-Volt Isolatietechniek B.V. (in other words, external causes). This includes, for example, damage due to improper use of the building, subsidence or cracking of the building independent of the insulation, force majeure situations, etc.
  3. Damage caused by external factors, changes, or work carried out by third parties after completion. For example: if a third party performs work (drilling, demolition) after insulation that damages the insulation, or if the structure has been modified without consultation. This also includes damage caused by repairs or alterations by the Buyer or third parties without written permission from E-Volt Isolatietechniek B.V.
  4. Damage caused by incorrect masonry or sealing work carried out by third parties (or by the Buyer) after our work, for example if joints are repaired or sealing is applied in a manner that affects the insulation.
  5. Damage or defects arising from improper handling, storage, maintenance, or use of the delivered work or product by the Buyer. This also includes damage caused by modifications carried out or commissioned by the Buyer without written permission from E-Volt Isolatietechniek B.V., such as drilling holes in insulated walls, installing objects that penetrate the insulation, or failure to follow usage or maintenance instructions provided by E-Volt.

13.6. Buyer’s duty to inspect: The Buyer (in particular the consumer Buyer) must inspect the delivered work or products immediately after completion or delivery to verify whether they conform to the agreement and whether there are any visible defects. Any complaints regarding immediately visible defects or deviations must be reported to E-Volt Isolatietechniek B.V. in writing within 7 days after completion. Non-visible defects (defects that only become apparent later) must be reported in writing, with a clear description, within 14 days after discovery. Submitting a complaint does not suspend the Buyer’s payment obligation, except for the part reasonably related to the complaint (see also Article 17). If the aforementioned reporting periods are exceeded, the right to claim under the warranty may lapse if the delay in reporting has led to aggravation of the damage or reduced possibilities for investigation.

13.7. Handling of defects under warranty: If, within the warranty period, a defect occurs in the work or product that falls under the warranty and has been reported in a timely manner in accordance with 13.6, E-Volt Isolatietechniek B.V. shall, at its own discretion, either repair the defect free of charge or replace the relevant product/insulation material free of charge. Repair or replacement shall take place within a reasonable period, in consultation with the Buyer. If a defect cannot be remedied to the Buyer’s satisfaction, the Buyer – without prejudice to any mandatory consumer rights – shall be entitled to an appropriate reduction in price or, if the defect is sufficiently serious, termination of (the relevant part of) the agreement.

13.8. For repair work or replacements carried out under warranty, the remaining original warranty period shall apply. Performing warranty repairs shall not extend the original warranty period, unless otherwise agreed in writing.

Article 14 – Advance Payment and Security

14.1. E-Volt Isolatietechniek B.V. shall be entitled, when entering into an agreement with a consumer Buyer for an amount exceeding €500, to require an advance payment (down payment). The amount of such advance payment shall be reasonable and in line with customary industry percentages (generally a maximum of 30% of the total contract sum, unless agreed otherwise).

14.2. For agreements with business Buyers, E-Volt Isolatietechniek B.V. may also require an advance payment or any form of security, regardless of the amount of the agreement. This shall be agreed with the Buyer at the time of concluding the agreement.

14.3. If, after the conclusion of the agreement, there are reasonable grounds for E-Volt Isolatietechniek B.V. to fear that the Buyer will not (timely) fulfill its payment obligations – for example due to negative information from a credit insurer or failure to make an interim payment – E-Volt Isolatietechniek B.V. shall be entitled to suspend further performance of the work until the Buyer has provided sufficient security for payment. E-Volt Isolatietechniek B.V. shall notify the Buyer in writing of the required security (for example payment of outstanding installments, provision of a bank guarantee, or surety). As long as the Buyer refuses or is unable to provide the required security, any agreed (indicative) completion deadlines shall lapse, and E-Volt Isolatietechniek B.V. shall have the right – after giving notice to the Buyer – to terminate the agreement, without prejudice to its right to compensation for damages and costs incurred.

14.4. Any advance payments made shall be settled in the final account. If the Buyer is a consumer Buyer, E-Volt Isolatietechniek B.V. shall never require more advance payment than is legally permitted (in some cases of services to consumers this is subject to a maximum). Where applicable, E-Volt Isolatietechniek B.V. shall comply with the relevant regulations.

Article 15 – Invoicing and Final Account

15.1. After the insulation work has been completed (or completed in stages where phased completion has been agreed), E-Volt Isolatietechniek B.V. shall send the final invoice (final account) to the Buyer as soon as possible, unless the agreement provides for partial invoicing or payment in installments. The final account may, if desired, also be handed to the Buyer directly upon completion.

15.2.

The final account shall include a clear specification of all work performed and materials supplied. This specification shall be broken down into:

  • the originally agreed work in accordance with the quotation/order;
  • any additional work carried out, with reference to the additional work order;
  • any reduced work, with corresponding adjustment;
  • any advance payments or installments already paid (which shall be deducted);
  • the remaining amount to be paid.

15.3.

If, at the time of concluding the agreement, an estimated price was stated (instead of a fixed contract sum), it shall be the principle that the final invoiced price may not exceed this estimated price by more than 10%, unless there has been an interim change to the assignment (additional work) or cost-increasing circumstances that cannot be attributed to E-Volt Isolatietechniek B.V. If the estimated price is nevertheless expected to be exceeded by more than 10%, E-Volt Isolatietechniek B.V. shall inform the Buyer in a timely manner and explain the reasons for the increase. In such a case, the Buyer shall have the right to refuse orders for additional expenditures leading to the increase (insofar as these have not yet been carried out) or to cancel the agreement for the part not yet performed (subject to compensation to E-Volt for costs already incurred). If the estimated price was agreed orally, it shall likewise apply that a substantial increase must be reasonably communicated and justified.

15.4. Any calculation or clerical errors in the invoice may be corrected by E-Volt Isolatietechniek B.V. at any time, including after the invoice has been sent. E-Volt Isolatietechniek B.V. shall correct such errors as soon as possible and issue an amended invoice. This also applies to evident inaccuracies in the specification (for example materials that were incorrectly listed but not used).

Article 16 – Payment and Late Payment

16.1. The Buyer shall pay invoices of E-Volt Isolatietechniek B.V. within 2 days after the invoice date, unless another payment term has been agreed in writing. For business Buyers, a different payment term may apply (for example 30 days), if stated in the quotation or agreement.

16.2. If the Buyer fails to pay the invoice within the specified term, the Buyer shall be in default by operation of law (no further notice of default is required). After the expiry of the payment term, E-Volt Isolatietechniek B.V. shall send at least one free payment reminder, granting the Buyer the opportunity to pay within 14 days after receipt of that reminder. If payment is not made, the Buyer shall formally be in default after those 14 days as of the original due date.

16.3. From the moment the Buyer is in default, E-Volt Isolatietechniek B.V. shall be entitled to charge statutory interest on the outstanding amount. For consumers, the statutory interest pursuant to Article 6:119 of the Dutch Civil Code shall apply; for commercial transactions with business Buyers, the statutory commercial interest pursuant to Article 6:119a of the Dutch Civil Code shall apply, unless otherwise determined. Interest shall be calculated per day over the unpaid amount.

16.4. If the Buyer, after a reminder and expiry of the additional 14-day period, still fails to pay, E-Volt Isolatietechniek B.V. shall be entitled to hand over the claim for collection. All reasonable costs, both extrajudicial collection costs and any judicial costs, shall then be borne by the Buyer. The extrajudicial collection costs for consumers shall be calculated in accordance with the scale as provided in the Collection Costs Act (WIK) and the Decree on Compensation for Extrajudicial Collection Costs, with a minimum of €40. For business Buyers, at least 10% of the outstanding amount shall be charged as collection costs, with a minimum of €250, without prejudice to the right of E-Volt Isolatietechniek B.V. to claim the actual higher costs if reasonably incurred.

16.5. As long as the Buyer is in default and full payment (including any interest and costs) remains outstanding, E-Volt Isolatietechniek B.V. shall be entitled to suspend its obligations under the agreement. This includes, among other things, suspending further execution of ongoing work and suspending any warranty or service obligations until full payment has been made.

16.6. All materials supplied by E-Volt Isolatietechniek B.V. and not yet incorporated into the work shall remain the property of E-Volt Isolatietechniek B.V. until the Buyer has fulfilled all payment obligations under the agreement (retention of title). If the Buyer fails to pay, E-Volt Isolatietechniek B.V. shall be entitled to repossess such materials. To the extent necessary, the Buyer hereby grants unconditional permission to E-Volt Isolatietechniek B.V. or its authorized representative to enter the premises where these materials are located.

16.7. If E-Volt Isolatietechniek B.V. itself is obliged to pay any compensation or refund to the Buyer (for example in the case of a justified complaint or an overpayment), the Buyer must first give E-Volt Isolatietechniek B.V. written notice of default if such payment is not made. After such notice, a period of 14 days shall also apply for E-Volt Isolatietechniek B.V. to make payment before it is considered in default.

16.8. The Buyer is only entitled to set off or suspend payment to E-Volt Isolatietechniek B.V. in cases permitted by law or these General Terms and Conditions. For consumers, it applies that in the event of a justified suspension (for example due to a defect in the work, see Article 17), only the portion reasonably proportionate to the defect may be withheld. Business Buyers shall not be entitled to suspend or set off payments except with the express written consent of E-Volt Isolatietechniek B.V.

Article 17 – Suspension of Payment (in case of disputes regarding the work)

17.1. If the Buyer is of the opinion that the completed insulation work does not conform to the agreement (for example in the case of defects identified at completion or shortly thereafter), the Buyer shall have the right to suspend a proportional part of the payment. However, the amount suspended must be reasonably proportionate to the nature and extent of the identified defect. In other words, the Buyer may only withhold that part of the invoice which relates to the disputed or yet-to-be-remedied part of the work.

17.2. If E-Volt Isolatietechniek B.V. considers that the Buyer is suspending an excessive amount, meaning that the suspension is not reasonably proportionate to the identified defects, E-Volt Isolatietechniek B.V. shall inform the Buyer of this with reasons. The parties shall attempt to reach agreement on this matter. If no agreement is reached, E-Volt Isolatietechniek B.V. may charge the interest referred to in Article 16.3 on the amount that is subsequently found to have been unjustifiably or excessively suspended, or the dispute may be submitted to the body referred to in Article 18.

17.3. Suspension of payment does not release E-Volt Isolatietechniek B.V. from the obligation to remedy defects if the complaint is justified. Likewise, the existence of a complaint does not release the Buyer from the obligation to pay the undisputed part of the invoice.

17.4. For business Buyers (acting in the course of a profession or business), no right of suspension or set-off shall apply, except to the extent permitted by mandatory law. Any complaints or disputes shall not release the business Buyer from the obligation to pay on time, unless otherwise agreed in writing or decided by a competent court.

Article 18 – Dispute Resolution

18.1. All agreements and disputes between the Buyer and E-Volt Isolatietechniek B.V. shall be governed exclusively by Dutch law.

18.2. E-Volt Isolatietechniek B.V. is affiliated with the industry association VENIN (Association of Recognized Insulation Companies in the Netherlands), now operating under the name Isolerend Nederland. Within the framework of this industry association, an independent Disputes Committee has been established for consumer complaints.

18.3. All disputes arising from or related to the agreement between the Buyer and E-Volt Isolatietechniek B.V. shall – insofar as the Buyer is a consumer – preferably be settled through the Disputes Committee for Installation Companies (VENIN Disputes Committee), in accordance with the regulations applicable at the time the dispute is submitted. This shall apply as a full substitution of the jurisdiction of the ordinary courts, subject to the exceptions mentioned below. Information on submitting complaints to the Disputes Committee will be provided upon request and is available via the website of the industry association.

18.4. If the Disputes Committee is not competent to handle the dispute pursuant to its regulations or statutory provisions, or if the Buyer (in the case of a consumer) chooses to submit the dispute directly to the ordinary court, all disputes shall be submitted to the competent court in the district where E-Volt Isolatietechniek B.V. has its registered office. An exception applies to the initiation of provisional measures (such as attachment or summary proceedings) or the collection of uncontested claims, for which parties may always apply to the regular courts.

18.5. A decision or binding advice of the Disputes Committee shall be binding on E-Volt Isolatietechniek B.V. as a member of the industry association. In the event of such a decision, E-Volt Isolatietechniek B.V. shall comply with the measures or payments imposed within the prescribed time limits. This shall not affect the right of the Buyer and E-Volt Isolatietechniek B.V. to submit the matter to the ordinary court if they disagree with the decision of the Disputes Committee, insofar as permitted by the regulations of the Disputes Committee or by law (for example in the context of an action to set aside a binding opinion).

18.6. For business disputes (i.e. where the Buyer acts in the course of a profession or business), the competent Dutch court shall have direct jurisdiction. In that case, the Disputes Committee shall not apply, unless the parties agree otherwise in writing.

Article 19 – Applicable Law

The agreements between the Buyer and E-Volt Isolatietechniek B.V. and these General Terms and Conditions shall be governed exclusively by Dutch law. The application of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded. If any provision in these General Terms and Conditions or the agreement is or becomes contrary to mandatory (consumer) law, the mandatory law shall prevail, and the relevant provision shall be interpreted in accordance with that law or, if this is not possible, shall be deemed unwritten, without affecting the validity of the remaining provisions.

Article 20 – Final Provisions

20.1. These General Terms and Conditions shall enter into force on 1 February 2026 and shall apply to all offers and agreements concluded from that date. Any previous general terms and conditions of E-Volt Isolatietechniek B.V. (if any) shall no longer apply as of that date.

20.2. These terms may be cited as “General Terms and Conditions Insulation Work E-Volt”. Upon request, E-Volt Isolatietechniek B.V. shall provide a copy of these terms free of charge to any (prospective) Buyer. The most recent version can also be consulted via the website of E-Volt Isolatietechniek B.V. (De Vries Isolatietechniek).

20.3. These General Terms and Conditions have been filed with the Chamber of Commerce in Amsterdam under number 92271588. They are also available for inspection at the business address of E-Volt Isolatietechniek B.V. and will be sent upon first request.

20.4. Any changes in the corporate structure of E-Volt Isolatietechniek B.V., such as a change of legal form (for example from a private limited company to another entity) or a transfer of the business or part thereof, shall not affect the rights and obligations arising from existing agreements. The agreement between the Buyer and E-Volt Isolatietechniek B.V. shall remain in force and, where applicable, shall transfer to the legal successor of E-Volt Isolatietechniek B.V.

20.5. In the event of any conflict between provisions of these General Terms and Conditions and the individual written agreement (or quotation) between the Buyer and E-Volt Isolatietechniek B.V., the provisions explicitly included in that quotation or agreement shall prevail over these terms. This means that specific deviations agreed between the parties shall take precedence over the more general provisions of these terms. For all other matters, these terms shall remain fully in force.

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